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The Organization Undo Fiscal Abuse (Outa) is preparing to fight for the unconstitutionality of the Aarto Law and the Aarto Amendment Law.
Outa has requested that both laws be declared unconstitutional in the Pretoria High Court, because they violate the legislative powers of the local and provincial government under the Constitution.
The 1998 Law on Administrative Adjudication of Traffic Violations (Aarto) created a single national system for traffic regulation. This is based on demerit points that are deducted from drivers for traffic violations.
The 2019 Amendment Act was published and signed into law by President Cyril Ramaphosa in August last year, but the date for a driver demerit point system has yet to be confirmed.
Transport Minister Fikile Mbalula said in January that the Amendment Law would come into effect in June, but this was affected by the Covid-19 pandemic.
Pursuant to the Amendment Act, the Traffic Violations Authority (RTIA) and its Court of Appeals were assigned to enforce the Aarto Act.
Outa’s Chief Accountability Officer, Advocate Stefanie Fick, said in her affidavit: “These constitutional inconsistencies of the Aarto Act and the Amendment Act are at the very core of both Laws and cannot be eliminated without denying the fundamental purpose of the two Laws “.
Outa maintains that the law infringes on the local government’s ability to legislate on provincial roads, traffic and parking.
Outa said the Aarto Amendment Act will not improve road safety or reduce deaths, adding that statistics do not support the claim that a demerit system would lead to fewer deaths on the roads.
“Aarto was implemented in Gauteng ten years ago and it failed spectacularly.”
If Outa’s goal of declaring Aarto unconstitutional is denied, the organization will oppose Section 17 of the Amendment Act. This would eliminate the need for notices and documents to be delivered to the public in person or by certified mail, ensuring that documents and notices are delivered to the public by email, SMS, or voicemail.
Fick believes that requiring the public to pick up the signs, or deliver them by mail, “is grossly inappropriate,” especially considering the potentially serious consequences of such a traffic violation.
Mbalula and the RTIA have filed notices to oppose the request and have until the end of September to submit their opposition documents.
(Compiled by Nica Richards)
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